Law Reform Program Studi Magister Ilmu Hukum

Volume 15, Nomor 1, Tahun 2019 Fakultas Hukum Universitas Diponegoro

THE URGENCY OF GEOGRAPHICAL INDICATION AS A LEGAL PROTECTION

INSTRUMENT TOWARD TRADITIONALKNOWLEDGE IN INDONESIA

Pulung Widhi Hari Hananto*, Rahandy Rizki Prananda

Fakultas Hukum, Universitas Diponegoro
princedipojaya@gmail.com

ABSTRACT

Traditional knowledge products characterized by geographical conditions are economically and spiritually
valuable assets for the people of the area. Potential misleading of geographical indication goods requires a
legal instrument that provides protection. Geographical Indication (GI) is one of the instruments of intellectual
wealth that has its own characteristics. This study aims to examine the regulations of GeograpicaI Indication in
the national and international levels, the implications of geographical indications for stakeholders and the ideal
form of setting geographical indications in Indonesia. This study uses normative juridical methods and
comparative studies. The results of the study show that the GI’s regulation applied in Indonesia adheres to a
system of merging with brand regulation. The implications of GI’s registration bring a comprehensive impact on
the economy and the legitimacy of traditional knowledge. After reviewing the comparison of the protection of
geographical indications in Ethiopia and Jamaica, the authors recommend to separate the arrangements for
geographical indications with brands (sui generis)

Keywords: Traditional Knowledge; Geographical Indication; Protection.

ABSTRAK

Produk pengetahuan tradisional yang bercirikan kondisi geografis merupakan aset yang bernilai ekonomis dan
spiritual bagi masyarakat daerah tersebut. Potensi penyalah gunaan terhadap barang indikasi geografis
memerlukan suatu perangkat hukum yang bersifat memberikan perlindungan. Indikasi Geografis (IG)
merupakan salah satu instrument kekayan intelektual yang mempunyai ciri khas tersendiri. Penelitian ini
bertujuan untuk mengkaji pengaturan Indikasi geografis di tingkat nasional dan internasional dan implikasi
Indikasi geografis terhadap para stakeholder dan bentuk ideal pengaturan IG di Indonesia. Penelitian ini
menggunakan metode yuridis normative dan studi komparatif. Hasil penelitian menunjukan bahwa pengaturan
IG yang diterapkan di Indonesia menganut system penggabungan dengan pengaturan merek. Implikasi
pendaftaran IG membawa dampak komprehensif pada bidang ekonomi dan alat legitimasi terhadap
pengetahuan tradisional. Berdasarkan perbandingan perlindungan Indikasi geografis di Ethiopia dan Jamaika,
direkomendasikan untuk memisahkan pengaturan Indikasi geografis dengan merek (sui generis)
Kata Kunci: Pengetahuan Tradisional; Indikasi Geographis; Perlindungan.

*
Corresponding Author

62
Law Reform
Volume 15, Nomor 1, Tahun 2019
A. INTRODUCTION
The complexity of legal protection issues
against intellectual property rights in the era of
globalization is followed by varied discourses. The
birth of these problems is indirectly the result of the
development of science, technology and human
resources manifested in an innovation for the
welfare of society. Taking into account the
situation, the community is required to be critical
and continue to test the determination of a product
in order to produce intellectual work that dominates
the market share of the economy. It becomes a
trigger for every human being to try to use his
creative power to the fullest by being supported by
cultural support in competing as a superior
resource in a particular field.
The initial motivation is to get individualistic
economic benefits, the reality is not a little cause
for social friction and mutual disrespect for one
another. Contradictions that have occurred have
triggered a very significant violation of the basic
principles of intellectual property rights on
intellectual works that have been created. The
continuity of creativity competition in producing
intellectual work that occurs without the existence
of accommodating legal principles that are definite,
independent and transcendent, indirectly causing
polemic in the field of Intellectual Property Rights
and transforming into a serious threat to intellectual
products. Such conditions require the urgency of
regulation, protection and respect for intellectual
property rights in all infrastructures in all existing
63
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
scope.
The definition of intellectual property rights is
generally described as a right to wealth that arises
or is born because of the results of human
intellectual abilities and creativity. Intellectual
property rights are categorized as rights to wealth
considering that intellectual property rights
ultimately produce intellectual works in the form of:
knowledge, art, literature, technology and to make it
happen requires a sacrifice of energy, time, cost
and mind. The existence of sacrifice is marked as a
value because it is felt that the existence of sacrifice
has produced an intellectual work. If this is
correlated with the economic benefits enjoyed, then
the inherent economic value fosters the conception
of property (property) of intellectual works earlier
(Escudero, 2012). David Bainbridge interpret the
Intellectual Property Rights as: "that area of law
which is related to the creative rights or commercial
reputation and good will". The conception laid out
by David emphasizes more on legal protection and
legal certainty for its protection. This is logical
because examining the problem of Intellectual
Property Rights in the end this community will lead
to the legal concept of the values of an intellectual
work (Riswandi, & Syamsudin, 2004).
The relationship of a product, region and
society describes an identity of images and
symbols in a culture. The results of intellectual
creativity created in a product, region and local
community have been culturally and historically
bound within a certain geographical boundary. This
Law Reform
Volume 15, Nomor 1, Tahun 2019
seems to signal that the identity of a society can be
based on all forms and products of cultural
activities that are sustainably and sustainably
maintained in the social order system. Even in
historical texts and cultural anthropology, a
description of local products can be formulated as
an identity that can project the cultural ethos of
local indigenous people (Rustiala, & Munzer,
2007). The differentiation of a product becomes an
important instrument in describing the definition
and recognition in juridical, economic and cultural
aspects. Description of local products in an area
serves to illuminate the identity of local residents.
Product differentiation is an important means of
attracting consumer interest in a market
atmosphere surrounded by intense business
competition.
The existence of geographical indications
(which are then abbreviated as IG) in the modern
era, not only symbolizes the characteristic of a
particular region. But also emphasizes the
traditional capabilities and processing techniques of
a product that is characteristic of the region in
question. As with brands, geographical indications
have an important role in presenting a complete
source of information and images of product
guarantees to consumers about the quality and
certain characteristics inherent in the product, which
is a selling point in competition in the relevant
market share. The quality of agricultural products
and high-quality food ingredients is the result of
local culture originating from a traditional production
64
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
process that has been carried out for generations.
In addition to the results of natural resources,
geographical indication products also include
handicrafts and industrial products that are
characteristic of certain regions.
In the changing dynamics of the global
economy, IG emerged as an important intellectual
property tool (Mawardi, 2009). IG is contextually
categorized as part of the creation of the community
in a particular area while maintaining its distinctive
character. Noting in the context of the meaning of
geographical indications, geographic indications
can be used as a functioning device to provide
protection against traditional knowledge. But in
reality, this is difficult to run smoothly and
experience a number of obstacles. Developing
countries do not have strong bargaining power at
the level of international relations and lack of
knowledge and awareness of the protection of
intellectual property rights. This weakness led to the
difficult position of developing countries in declaring
and registering their products as geographical
indications.
Traditional knowledge has become a new legal
problem due to the absence of international and
domestic legal instruments that can optimally
provide traditional knowledge that is increasingly
used by irresponsible parties. Modern IPR systems
that have developed globally and uniformly have
made it easier and enhanced the process of
economic exploitation and erosion of indigenous
cultures. This situation can be seen in the
Law Reform
Volume 15, Nomor 1, Tahun 2019
movement of hegemony and monopoly of
multinational companies in the economic arena
towards Genetic Resources and Traditional
Knowledge
The conditions described above are also
experienced by Indonesia as a developing country
that has a large natural resource wealth with its
unique characteristics in each region. In addition,
the geographical indication products also made a
symbol of identity from the symbolic Indonesian
people. The product has also incised a reputation
for cultural character of the local traditional
community in creativity, taste and intention. Some
examples of product geographical indication
potential in Indonesia include Toraja Coffee from
South Sulawesi, Munthok White Pepper from
Bangla Island, Deli Tobacco from North Sumatra,
Javanese Kapuk from East Java, BaliKintamani
Coffeefrom Bali. These products are created based
on human creativity based on cultural factors and
local natural factors. Potential geographical
indication products, it have a very significant value
on the Indonesian economy in general and the local
community in particular. According to Data from the
Directorate General of Intellectual Property Rights
of the Republic of Indonesia, there has been an
increase in the number of registrations of
Geographical Indications in the period 2008 to 2016
which stated that therewerea total of 46 IGs
registered (List Of Registered Geographical
Indication).
One of the geographical indication products
65
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
that is very popular in Indonesia is Kintamani
coffee. Kintamani coffee has characteristics derived
from the region's natural factors, where these
aspects provide special characteristics and
qualities that distinguish it from other types of
coffee so that this type of coffee is included in the
requirements as a product of Geographical
Indications. The concept of planting and cultivating
kontamani coffee by local farmers is based on the
synergy of knowledge and cultural values of the
local community. The international community
gives the embed name for Kintamani coffee, which
is orange flavored coffee. The special designation
is caused by the combination of orange and coffee
flavors obtained not from an engineering stage.
The taste of oranges in kintamani coffee is purely
natural. Utilization of planting areas by farmers in
Belantih which planted Arabica coffee seeds
adjacent to the Kintamani citrus plantation which
became the mainstay of Bangli Regency's
agricultural products. If it is considered as a genetic
engineering product in plants, then the element of
accident done by farmers indirectly affects the taste
of kintamani coffee.
The level of popularity and seeding of
Kintamani Arabica Coffee with traditional elements
has echoed up to the international level. This is
evidenced by the many requests for exports to
European countries, especially France. Dr.
Massilimiano Fabian, Chair of the SCAB (Specially
Coffee Association in Europe) and Dr. Vecenzo
Sandalj, President of Associazione Caffe Trieste
Law Reform
Volume 15, Nomor 1, Tahun 2019
Italia, even said that the copo product is very likely
to increase its market share in the European region.
Based on the research he said, the taste of coffee
produced from fermentation for 12 hours has a
better taste and is suitable for European tastes,
while the taste of coffee from coffee fermented for
36 hours is more suitable for the tastes of
Americans, Japanese and Australians
(Hananto,2014). The superiority of Kintamani's
coffee product differentiation that comes from
traditional knowledge that promotes culture and the
secret technique of planting coffee bean cultivation
development has made it a distinctive Indonesian
product. This confirms that Indonesia is the only
Kintamani coffee producing country. But on the one
hand, in order to obtain better protection
guarantees and provide commensurate income to
producers, it is necessary to have a regulation and
policy model for protecting kintamani coffee as a
result of the wealth of traditional knowledge, in
order to prevent a split, when the product is
distributed and promoted in trade, where there will
be a transfer of rights potentially carried out by
interested persons, but do not have the right to
market the product on the basis of profit.
Given the vast potential of legal implications
for the indication of geography, it is necessary to
regulate the recognition and appreciation of the
results of one's creativity with a legal order called
the intellectual property rights (IPR) or the
Intellectual Property Right regime (Roisah, 2013).
This phenomenon can be interpreted as a
66
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
polemic of Intellectual Property Rights by trending
on geographical indications. The fame of the
geographical indication products owned by a
number of local communities in Indonesia requires
legal protection that serves as a protective tool for
commodity products from traditional knowledge
from business competition that is fraudulent and
accommodates the socio-economic interests of
local communities to encourage and increase
competitiveness of Indonesian products
international trade. Some of researchs which
related to the urgency of geographical indications
has been done by several legal researchers before.
However, the scientific articles have a focus on the
subject matter of the study that is described in this
journal.
The first study relates to the urgency of
Geographical Indications on consumer protection in
legitimate journals. In this study, the geographical
indication function is intended to fulfill consumer
rights, namely the right to comfort, security and
safety in using goods and services. Specific
information about an object is considered to be the
key to guaranteeing consumer protection (Zakiyah,
2018). The second study was published in the legal
dynamics journal. The article is entitled Legal
Protection of the Potential of Geographical
Indications in Brebes Regency in order to develop
the Local Economic Community. This article tends
to emphasize the registration of potential
geographical indication products in the Brebes
Regency region and their benefits to the economy
Law Reform Program Studi Magister Ilmu Hukum
Volume 15, Nomor 1, Tahun 2019 Fakultas Hukum Universitas Diponegoro

of the local community (Asyifah, 2015). Indonesia, given that most of the economic benefits
The third study was published in an of international trade regarding indigenous
international journal article entitled How Does (traditional) inheritance are less enjoyed by
Australia Regulate The Use of Geographical indigenous people. Based on the background of the
Indications For Products Other Wines And Spirits. legal issues outlined above, the authors would like
The focus of the issues discussed only explains GI to elaborate further into some formulation of the
regulation in Australia which also accommodates problems that will be studied in this article, namely:
trade products other than wine and spirits. First, What is the formulation of legal arrangements
However, it does not explain further the benefits of for traditional knowledge based on Geographical
GI as a legal instrument that provides and does not Indications on national and international
specify the legal gap (Ayu, 2006). Other several regulations. Secondly, what are the effectiveness
previous studies discussed the how geographical of geographical indication arrangements in
indications (GIs) cannot deliver the protection for Indonesia and it implications for traditional
traditional knowledge that indigenous peoples seek knowledge. Thirdly, what is the legal protection
(Frankel, 2011). Geographical Indication is an model of traditional knowledge based on
effective tool in protecting and rewarding not only Geographical Indications that is ideal for application
the market potential of elite items but also the in Indonesia.
traditional knowledge associated with them
(Kishore, 2018).. The potential impact of B. RESEARCH METHODS
Geographical Indication protection to local economy The Types of Legal Research which used by
(Sudjana, 2018). The legal protection for traditional the authors of this article is Doctrinal Legal
knowledge could be realized by accommodating the Research. The method of approach to the problem
traditional knowledge into the intellectual rights as a used is normative juridical and Comparative study
geographical indication and international with descriptive qualitative research specifications,
recognition for the indigenous community namely by analyzing and explaining qualitative data
communal ownership of the traditional knowledge. and then arranged in deductive thinking. The type
(Purwaningsih, 2014). The efforts to develop sui of data used is Secondary Data which includes
generis regulations for Indonesia traditional primary legal material (legislation related to
knowledge through sui generis system. (Rohani, Geographical Indications), Secondary legal
2015) materials (books, literature, journals, papers,
Traditional protection has become a very proceedings related to the issue of Geographical
urgent issue for international communities, including Indications) and Tertiary Legal Materials (Legal

67
Law Reform Program Studi Magister Ilmu Hukum
Volume 15, Nomor 1, Tahun 2019 Fakultas Hukum Universitas Diponegoro

Dictionary and English dictionary). The method of of the goods and / or products produced. The types
data collection applied by the authors is Literature of products that can be cultivated by local residents
Study. to be registered as a result of geographical
indications include natural resources, handicrafts
C. RESULT AND DISCUSSION and industrial products.
The qualification of the specifications of a
1. Legal Protection Toward Traditional
product or traditional knowledge can qualify as a
Knowledge Based on Geographic Indication
geographical indication product if it fulfills a number
a. National Legal Instrument on Protecting
of elements, namely: First, there is a sign taken
Traditional Knowledge Through Geographic
from the name of the area which is a characteristic
Indication
of a commercialized product. Second, a sign that
1) The Law No.20 of 2016 Concerning
shows the quality of the goods traded. Third, the
Trademark and Geographic Indication
quality of the product in question is strongly
Regulation on geographical indications in
influenced by the natural environment, the social
Indonesia's nationa llegal system explicitly and in
culture of the surrounding community and the
detail in the Act. No.20 of 2016 concerning
technology used in the area concerned.
Trademarks and Geographical Indications. The
The existence of superior products in an area has
scope of the regulation of Geographical Indications
an important meaning for the economic welfare of
in this legislation includes several things, among
the surrounding community. Unique characteristics
others: the period of protection, the supervision and
that are only owned by the product or item and not
guidance mechanism and the substance testing of
found in other places, although it is possible to
a product to be categorized as a result of
come from the same composition of raw materials.
geographical indications. This regulation is a
Limited area coverage and strong market demand,
further battle of the previous Law, namely Law.
have the potential to provide maximum benefits for
No.15 of 2001 concerning Trademarks.
residents of the regions producing these distinctive
According to the provisions of Article 1 point
products.
6 of the Law No.20 of 2016 concerning Trademarks
The prescriptive approach toward GI
and Geographical Indication, Geographical
protection is based on the registration legal
Indication is a sign that shows the origin of an item
process, which is a pre-condition for obtaining
and / or product which due to geographical
protection it benefits and concerning the recognition
environment factors including natural factors,
of the product (Belleti, 2011). Preservation of
human factors or a combination of these two factors
elements of uniqueness and special characteristics
gives reputation, quality, and certain characteristics

68
Law Reform
Volume 15, Nomor 1, Tahun 2019
that only exist in the location producing the product
requires a strong legal instrument as a basis for
providing protection and accommodating the
distribution of economic benefits to the surrounding
community. Noting this, the existence
geographical indications as one component of
Intellectual Property Rights (IPR) plays an important
role in protecting a superior product. How to protect
geographical indications, as stipulated in Article 53
of Law No. 20 of 2016 can be done by registration.
The application for registration is carried out by the
Minister, meaning that the party submitting the
application for registration is the representative of
the surrounding community who can take the form
of an institution appointed by the entire community
in the geographical indication area to represent the
registration.
The community representatives can be in the
form of producer association groups, cooperatives,
local community geographical indication protection
communities and the relevant Regional
Government. Requests for registration
Geographical Indication products are submitted to
the Directorate General of Intellectual Property
Rights of the Republic of Indonesia. Provisions on
the procedure for registration of administrative
geographical indication applications are regulated in
Government Ordinance No. 51 of 2007 concerning
Geographical Indications. Judging from the aspect
of object ownership, one geographical indication
product cannot be owned by one person, but must
be owned by all the people producing the
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
geographical indication product collectively.
Collective ownership shows differences in
geographical indications with other types of
intellectual property rights that can be owned
of individually. So that all people who are in the area
of the geographical indication goods can use the
Geographical Indication mark, if the goods
produced are in accordance with the criteria
required by the Trademark Law and Geographical
Indications.
The next phase is the announcement.
Information on the announcement of the results of
inspection of goods registered aims to prevent the
unilateral application of registration or
acknowledgment of ownership of a geographical
indication product that has been stated to be
accepted by another party, as well as a legal sign of
community ownership in the relevant geographical
indication product area. Measure an object or
product that has the potential to pass the selection
as one of the geographical indications, according to
of the Indonesian Geographical Indication Book
determined by the Directorate General of
Intellectual Property Rights,including: (1) Product
quality is maintained with good consistency; (2)
Strong marketing system; (3) Able to provide
market needs in sufficient quantities on an ongoing
basis; (4) Effective and efficient management
system; and (Commitment to comply with the
provisions of regulations concerning Geography
Indications.
By paying attention to the process of
69
Law Reform
Volume 15, Nomor 1, Tahun 2019
submitting an application for an indication of the
geography above, it can be stated that the
protection of indications of geography in Indonesia
adheres to a constitutive system with the principle
of first to file. The First to file principle means that
legal protection will be given to the parties who first
succeeded in registering geographical indications.
The advantages of constitutive systems for
protecting the rights of owners of geographical
indications include: First, aspects of legal certainty
related to ownership of Intellectual Property Rights.
In this case, if there is a dispute about ownership
claims of geographic indications as part of the IPR,
then it can be known that the party with the most
important rights is protected by law. Second, legal
certainty in proof. Registration is the main strong
evidence.
Although the constitutive system confirms the
position of the owner of the geographical indication
who first registered into a strong position, on the
other hand, this system has the disadvantage of
only registered geographical indication products
that are entitled to legal protection. The logical
consequence that can arise for the lack of a
constitutive system is that there is an opportunity for
other parties to take personal advantage and
benefit economically from geographical indication
products by registering them as trademarks. Not all
results of traditional knowledge can be a product of
geographical indications. According to the
provisions of Article 56 paragraph (1) of the Law of
Trademarks and Geographical Indications, the
70
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
reason for the application for registration of
geographical indications cannot be registered if: (1)
Contrary to state ideology, legislation, morality,
religion, morality and public order; (2) Misleading or
deceiving society regarding reputation, quality,
characteristics, source origin, process of making
goods, and / or their uses; and (3) It is a name that
has been used as a variety of plants that are used
as similar plant varieties, unless there are additional
equivalent words that indicate the same type of
Geographical Indication.
Refusal of a geographical indication
registration application can also be rejected by the
Directorate General of Intellectual Property Rights
of the Republic of Indonesia with a number of
considerations consisting of:
Documentation of geographical indication cannot
be verified and the product has an overall similarity
with the geographical indication product that has
been previously registered. After the geographical
indication product has passed and is officially
registered by the Directorate General of Intellectual
Property Rights office, then automatically the
geographical indication product will get legal
protection from the state. The period of legal
protection against geographical indications is not
limited as long as the GI rights holders are able to
maintain, image, quality and characteristics which
are the basis for the geographical indication given
to objects that are registered continuously.
2) Government Ordinance No.51 of 2007
Law Reform
Volume 15, Nomor 1, Tahun 2019
In order to apply Geographical Indication as
a mechanism of protection against traditional
knowledge, the Government of the Republic of
Indonesia issued Government Ordinance No.51 of
2007 which regulates technical matters related to
registration procedures for GI products that exist in
certain areas in the territory of Indonesia along with
other aspects from geographical indications. In the
regulation of Law 15 of 2001 (the old Trademark
Law), the limitation of the meaning of the sign only
covers the name of the place or region, but does
not indicate the place of origin of the goods
protected by Geographical Indications.
intended items can be agricultural products, food
ingredients, handicrafts or other items
accordance with the provisions.
Government Ordinance Number 51 of 2007
concerning Geographical Indications can be
considered as the resolution of conflicts especially
in the field of trade that occur in the community. As
the implementing regulation of the Trademark Law
Number 15 of 2001, especially Article 56
concerning Geographical Indications, Government
Ordinance Number 51 of 2007 is issued which is
expected to be used as an guideline for
implementing registration of Geographical
Indications. Several articles have been ratified to
regulate the systematic registration of Geographical
Indications in Indonesia so that there is an orderly
direction of the economic system in Indonesia.
Based on Government Regulation No. 51 of
2007, legal protection of geographical models can
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
be provided after registration. The existence of
geographical indications aims to ensure legal
certainty for the protection of wealth and traditional
knowledge. the protection period for geographical
indications can last as long as the characteristics
and / or quality used as the basis for their
registration still exist. The characteristics and
determination of benchmarks in setting basic
standards in the registration of geographical
indications is explained as rules of operational
standards, which include information about
geographical location, natural and human factors
The that affect good quality or characteristics. In
operational standards also attach information
in regarding maps of regions / regions, history and
tradition, processing, good quality testing methods,
and network of facilities used. Standard operational
rules are prepared by local community groups
where goods are produced.
The owner of a Geographical product
indication and a group of people in the area where
the goods are produced. Both have the competence
to preserve, maintain and use geographical
indications in connection with daily economic
needs. Meanwhile, producers who are able to
produce Geographical Indications goods, which are
in accordance with the criteria set out in the
Geographical Indication guidebook and comply with
all provisions in it, have the right to use
geographical indication products, after they register
themselves as users of geographical indications on
Office of the Directorate of Intellectual Property
71
Law Reform
Volume 15, Nomor 1, Tahun 2019
Rights. The results of foreign IG products can also
be registered in Indonesia. In order to pass the
substance test and be accepted in the registration
process, the conditions that must be fulfilled by the
foreign IG product are that the item must have been
recognized and registered officially in the provisions
of the country of origin regulations. Registration of
IG products in Indonesia is carried out by the
Directorate General of Intellectual Property Rights.
This institution is supported by the Geographical
Expert Team. The seven members from the
Ministry of Agriculture, the Ministry of Law and
Human Rights, the Ministry of Industry and the
Ministry of Industry and the Ministry of Maritime
Affairs and Fisheries.
Indonesia is an archipelagic country that is
rich in knowledge, traditions and culture and a
tropical climate that produces various types of good
products with diverse cultures. Where in each
region there are many inheritances has the
potential to produce products in the form of goods
derived from the knowledge of the surrounding
community. Sociological excellence is a high value
inheritance that comes from a traditional heritage
that has been handed down in Indonesian society,
especially food and handicrafts. The dominance of
traditional-based products also shows knowledge in
the present. The issuance of Law No. 20 of 2016
(Trademark and GI Law) and Government
Ordinance of the Republic of Indonesia No.51 of
2007 is a manifestation of the Indonesian
Government's concern in protecting cultural
72
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
heritage and traditional knowledge of local
communities.
b. International Legal Instrument On Protecting
Traditional Knowledge Through Geographic
Indication
1) Paris Convention 1883 For Protection
IndustrialProperty
The existence of the Paris Convention as a
legal instrument of the first multilateral treaty in
accommodating the protection of intellectual
property rights, especially indications of sources or
assessments of origin in member countries, based
on legal regulations and customary practices of
each country. The Paris Convention stipulates that
"indication of source or judgment of origin" is a legal
subject that can be protected. However, the legal
protection offered is limited to guaranteeing certain
protective measures in a specific or broad scope,
but only for IG use that is wrong or misleading, not
general IG use. In addition, the Paris Convention
does not define "indications of sources or
statements of origin" or introduce international
standards for their protection.
Article 10 The Paris Convention prohibits
misuse of indications of regions when accompanied
by trade names that are wrong, fictitious, or
deceptive. This provision also mandates the seizure
of goods identified with false indications of origin
when: "When every producer or trader ... is involved
in the production or manufacture or sale of these
goods." This prohibition was reinstated in 1958,
Law Reform
Volume 15, Nomor 1, Tahun 2019
when article 10 was internalized into the Paris
Convention. According to the article, the indication
categories that "can mislead the public regarding
the nature, manufacturing process, characteristics,
suitability for their purpose, or quantity," must be
prohibited as an act of unfair competition.
2) Madrid Agreement 1891 for The Repression
of False or Misleading Indications of Source
Goods
In the provisions of the Madrid Agreement
1891 only focused on limited legal protection and
accommodated a number of specific provisions that
regulate a number of repressive actions against
signs of misuse or misuse of sources. In the
provisions of article 1 states that: "prohibited the
use of false and deceptive indications of sources
and mandated seizures of goods bearing such
indications". The context of a deceptive
understanding occurs when certain types of
geographical indications are in two countries.
However, only one country uses that name as a
source of goods...if another country pioneers the
use of product names that are geographic
indications in order to obtain economic benefits for
the reputation created by the first country, then the
action is categorized as misleading in the Madrid
Agreement.
The Provisions inside the Madrid Agreement
of 1891 to provide additional levels for member
states and countries that should not be excluded for
indications of origin for other goods. The Safety
73
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
Agreement granted was stronger than the
Protection of Paris 1883, provided only States
helped provide ratification of this agreement.
3) Lisbon Agreement 1958 for the protection of
Appellations of Origin and their
International Registration
Lisbon Agreement 1958 was regulating the
definition of the term "geographic name of country,
region, or locality, which serves to designate a
product originating there, or which is essentially due
to the geographical environment, including natural
and human factors". This agreement obliges its
member countries to protect the mention of
authenticity that has been registered in the form of
seizure or imitation of another member country
registered with WIPO. The main objective of the
Lisbon Agreement was 1958 to accommodate the
needs of international legal protection instruments
and facilitation facilities for GIs such as the
Appellation of Origin in several countries outside
the country of origin of the geographical indication,
where the protection was realized through a single
registration system at the WIPO International
Bureau.
4) Trade Related Aspect of Intellectual Property
Rights
GI regulation in TRIPS is described in Article
22 number 1 which states that: "A product is an
indication that identifies an item originating from a
member area, or region or locality in that area,
Law Reform
Volume 15, Nomor 1, Tahun 2019
where quality, reputation or other characteristics are
basically caused by its geographical origin. "The
use of designation for geographical indication
products. can refer to a symbol or point to a place,
without the need to use additional local names that
are popular in the local area. That is enough to
show specific identification of a geographical
indication product.
The definition of several crucial words in
article 22 is the word phrase in the dispute or has
not been the subject of interpretation in the context
of the WTO. Indications, territories, represent the
quality, reputation, characteristics and geographical
indications can be interpreted in a variety of ways
by WTO members. For example, there are
differences of opinion about whether the reference
to "territory" means that "Kopi Kintamani", for
example (Hananto, Geographical Indication as a
Tool to Protect Indonesian Herritage: Lesson From
Bali Kintamani Arabic Coffee Case. , 2014) , can
receive GI Protection. According to those who
oppose the idea, GI refers almost exclusively to
products with local, not national attributes.
Obviously, in accordance with the definition
in article 22.1, indications that do not connote
quality, reputation or characteristics are not GI
TRIPS (Hananto, Geographical Indication as a Tool
to Protect Indonesian Herritage: Lesson From Bali
Kintamani Arabic Coffee Case, 2014). Correlation
of the relationship between quality, reputation, or
product characteristics and the area where the
product is produced is an important factor. For
74
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
example, local soil or fungi can contribute to the
taste, texture or color of special foods. The
relationship between products and regions must tell
consumers about some important characteristics of
the product which are the ingredients in the
decision to buy goods. On the other hand, we must
understand that the definition and protection of
existing Geographical Indications based on
Traditional Knowledge or food is made into the
same interpretation. debated or to expand or
expand the TRIPS scheme. Today the recognition
and protection of food are very identical or parallel
to TRIPS (post- DOHA) which adds protection to
wine and alcoholic beverages. Even though the
TRIPS agreement distinguishes trademark and
geographical indications as different Intellectual
Property forms, GI arrangements are submitted to
each of the countries concerned, whether the
arrangements are combined together with brand
arrangements and or are regulated separately (sui
generis).
Characteristics of geographical indications
that are different from other forms of IPR, in TRIPS
there are a number of characteristics of
Geographical Indications, among others: First,
geographical naming is not absolute, because
naming can use non-geographical names. must
refer to the area administratively but only based on
the factual state of the region. Third, GI ownership
rights are not individual but communal. Fourth, the
completeness of the fulfillment of the quality,
characteristics and reputation of goods is only
Law Reform
Volume 15, Nomor 1, Tahun 2019
categorized as an alternative, an item can be
qualified as a GI sufficiently fulfilling one of these
aspects.
2. The Implications for Protection of
Geographical Indications on Traditional
Knowledge Based Products
The legal substance in the field of
Geographical Indication is very important in
determining the legal protection of products
protected by such Geographical Indications. The
importance of legal substance was formulated by
Bernard L. Tanya, Yoan N. Simanjutak and Markus
Y. Hage is a rule of the game that places law as the
main element in system integration. This was also
supported by Steeman, who confirmed that what
formally constitutes a society is the general
acceptance of normative rules of the game. It is this
normative pattern that must be seen as the most
core element of an integrated structure. In this
Bredemeier framework, the law is used to resolve
conflicts that arise in the community. Legal
protection of Geographical Indications in its relation
is based on rules that apply internationally and are
adapted nationally to each country that regulates
geographical Indications. Based on juridical
normative, Indonesia can be said to adhere to a
geographical indication protection system that is
based on the Brand-based Trademark Law.
Therefore, the geographical indication arrangement
in Indonesia is regulated The Law Number 20 of
2016 concerning Trademarks and implementing
75
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
regulations of the Republic of Indonesia
Government Regulation Number 51 of 2007
concerning Geographical Indications.
The context of the GI definition in Article 1
Number 6 of Act Number 20 of 2016 is a sign
indicating the area of origin of an item and / or
product which due to geographical environment
factors including natural factors, human factors or a
combination of these two factors gives reputation,
quality, and certain characteristics of the goods and
/ or products produced. GI objects should be limited
to natural products because of the uniqueness,
privilege, or superiority of the product compared to
other similar products born from the earth (geo)
where the product originated. Therefore, the
regulation of IG must reflect the natural results of a
particular region and the special quality of the
product concerned.
In this legal concept, arrangements for the
protection of geographical indications in Indonesia
can only be given to goods (good), not including
services. To obtain geographical indication
protection, an item must meet the main
requirements, consist of:
a) There are applicants for registration of
geographical indication protection (Article 53
paragraph (2) of Law No. 20 of 2016);
b) Goods for obtaining geographical indication
protection must be registered with the
Directorate General of Intellectual Property
Rights of the Ministry of Law and Human Rights
(Article 53 paragraph (1) of Law No. 20 of 2016)
c) Goods must fulfill 3 (three) main elements,
namely having signs, geographical
environmental factors and quality of goods
Law Reform
Volume 15, Nomor 1, Tahun 2019
(Article 53 paragraph (3) Law No. 20 of 2016)
d) The applicant must make a code of practices for
the goods to be requested (Article 5 paragraph
3 Governance Ordinance No. 51 of 2007)
The relation with products from Kintamani's
traditional knowledge and traditional culture in order
to obtain geographical indication protection, must
fulfill the main requirements above, along with the
main elements of legal protection of geographical
indications that must be fulfilled by a product from
the wealth of traditional communities include:
a. Holders of Geographical Indication Rights
The central role in registering Geographical
Indications is the applicant's party. Indications can
submit applications for registration to the
Directorate General of Intellectual Property Rights
of the Ministry of Law and Human Rights by the
institutions represented by producers, namely
indigenous communities incorporated in the Society
for the Protection of Geographical Indications. The
Society for the Protection of Geographical
Indications qualifies as the applicant, because
having a direct interest in the protection of
geographical indications is the producer. The idea
of the protection of geographical indications that
emerged from producers, which in the future is
expected to have an impact on rural community
development (rural development),especially in this
case is the indigenous community or Subak Abian.
Article 53 paragraph 3 of Law Number 20
Year 2016 concerning Trademark and Article 5
76
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
paragraph 3 Governance Ordinance No 51 of 2007
concerning Geographical Indication, which states
that geographical indications are protected after
being registered on the basis of an application
submitted by an Institution representing the
community in the area producing goods concerned,
consisting of: natural resources, handicrafts; or
industrial products. Limitation of the determination
of the institution representing the community in the
area that produces the beaver is the institution that
is authorized to register geographical indications
and the institution is a government institution or
other official institution such as cooperatives,
associations and others.
According to the explanation Governance
Ordinance 51 of 2007, the definition by institutions
includes but is not limited to cooperatives,
associations or foundations whose members are
local producers. Regarding the institution given
authority as referred to in Article 53 paragraph 3
letter (b) of Law No. 20 of 2016 and Article 5
paragraph 3b are government institutions in the
area in charge of goods submitted for applications,
such as regional governments both at the provincial
and district / city levels. Based on the above
provisions implicitly there are 3 (three) parties who
can submit applications for geographical indication
protection, namely government, institutions
representing producers and consumer groups. If
viewed from the purpose of geographical indication
protection, regarding the subject matter of the
applicant for registration of geographical indications
Law Reform
Volume 15, Nomor 1, Tahun 2019
it has its own consequences for the continuity of
utilization of geographical indications, namely as
follows:
1) The Government
The central and regional governments act as
applicants in the registration of geographical
indications that are more likely to be conservation
efforts or protection of cultural heritage contained in
geographical indications. As is known, reputation,
quality and characteristics of goods that are
protected in geographical indications are formed
from local cultural heritage that has been carried
out continuously, such as traditional knowledge
which has an important role in shaping the
reputation of geographical indication goods as
national identity. The advantage of the government
as an applicant in the registration of geographical
indications and the owner of geographical indication
rights, namely the government is the subject of
applicants who are not vulnerable to dissolution,
when compared to institutions representing
producers and groups of consumers who are
vulnerable to dissolution.
The broad influence of GIs on the protection
of traditional knowledge is a special characteristic of
local local communities, indirectly influencing
regional economic development carried out through
partnerships between the relevant local
government, business actors and local communities
to realize community welfare through opening
employment and increasing income native area.
77
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
Taking into account this issue, it is necessary to
have a set of regional government policies that are
able to synergize well with GI regulations at the
national level.
2) Institutions whose representing producers
The Association of GI producers as the party
submitting the application for registration of
geographical indication protection, is directly related
to the protection of geographical indications. The
producer is the party that is the most
disadvantaged, if there is a partnership with a
reputation without the right to produce goods. In
addition to producers, losses also have a broad
impact on the parties involved in the supply chain
such as raw material suppliers, traders, whole
sellers, retailers, etc., so that losses will have a
broad impact on the socio-economic conditions of
the community. Therefore, the main focus of the
protection of geographical indications lies with the
producer, so that the property rights of the
geographical indications held by the institution
representing the producer, including those involved
in the production chain, will be more beneficial for
the sustainability of their business.
. This causes the protection of geographical
indications to have no impact on the socio-
economic conditions of the community where the
geographical indication is located. The form of legal
protection for the geographical indication product
will not work properly, if there is an act of clamping
down on the geographical indication product, the
Law Reform
Volume 15, Nomor 1, Tahun 2019
owner is inactive, so that he will not be able to
effectively supervisor sue the perpetrator of the
reputation without that right
3) The Consumer
The benefits of GI play a very important role
as a marketing tool in strengthening the
geographical product position in the market and
driving new market expansion in order to capture
consumers of these products. A high level of
consumer confidence indirectly makes consumers
willing to pay high prices because of the satisfaction
factor for product quality and the unique traditions
contained in it. The group of consumers who submit
applications for registration of geographical
indication protection, if associated with the purpose
of geographical indication protection, actually
consumers have a direct connection because with
the protection of geographical indications,
consumers have been protected from confusion
and misdirection of fake geographical indication
products. Actually, the authority of the consumer to
apply for registration of geographical indications is
not appropriate because consumers do not have an
interest in producing and marketing products, but
consumers only have the role of consuming the
product, in the hope that the products consumed are
in accordance with the quality they expect.
Consumers have no interest in switching to
the producer, but only expect a guarantee that the
products they buy are in accordance with the
characteristics, quality and reputation of a product
78
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
labeled with geographical indications. So the
difference between producers and consumers in
geographical indication protection, according to
Miranda Risang Ayu lies in the form of protection,
for producers is active protection and consumers
are passive protection (Ayu, 2006). The following
are the advantages and disadvantages for each
subject applying for Geographical Indication.
b. GI’s Signature
Other items which are derivatives of the
product do not include items requested for
protection. For example, is the product registration
for the geographical indication of Kintamani coffee.
The name of the geographical indication requested
for protection is "Kintamani Coffee Bali", is coffee
beans and their products are produced from the
Bangli Regency and Kintamani Districts. The use of
the name GI may only be used against Kintamani
Coffee which means it is planted and produced in
the Kintamani region as required in the
requirements book. While the proposed protection
is the name "Bali Kintamani Coffee", so that the
words "Kintamani", "Bali" or "Coffee" are not
considered as a form of illegal abuse or imitation
and can be used by producers instead of Bali
Kintamani Coffee. Besides that, the Geographical
Indications of Bali Kintamani Coffee also use logos
that contain images and writings, namely images of
Gunung Batur, Temple of Bali, pictures of coffee
beans and writing of Kintamani Coffee Bali.
According to the provisions of Article 1 point
Law Reform
Volume 15, Nomor 1, Tahun 2019
6 of the Law. No.20 of 2016 concerning Trademark
and GI context of geographical indication as
protected legal object is considered as a sign that
shows the origin of the product concerned based on
natural, human or alert factors between the two
which indirectly provide quality, technique and
reputation on products produced in the area certain.
The variety of goods that can be qualified as a
product of a Geographical indication can be in the
form of natural resources, industrial products and
handicrafts that reflect the specific characteristics of
the area of origin. While protecting the interests of
the region producing the typical product. In addition,
protection of Geographical Indications is also
beneficial for consumers because it guarantees
product quality (Yessiningrum, 2015). Market failure
in building the image of a product in a Geographical
Indication product is caused by asymmetrical
information about the uncertainty of the quality of
the product being transported, so a sign is needed
to overcome the ambiguity of the quality of goods
as collateral), as well as the brand reputation, etc.
Information obscurity in the promotion of
geographical indication products between sellers
and buyers has the potential to give a bad predicate
for geographical indication goods as a result of the
uncertainty of the quality of the products being
traded. Geographical indications on a product of
traditional knowledge, for example, kintamani Bali
arabica coffee is a sign (indication) that connects
goods of a certain quality, characteristics and
reputation based on regions of geographical origin.
79
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
So that Geographical Indications are seen as
playing an important economic role, namely giving a
sign for consumers to get the expected goods.
3. The Ideal Legal Protection of GI inIndonesia
a. Example Cases on Another Country
1) Jamaica Blue Mountain Coffee
Jamaican choose to use GI’s and
certifications marks to protect Jamaican Blue
Mountain Coffee instead of the trademark route
Ethiopea followed. This was done beacuse a GI
provides a spesific link between the coffee grown
and the Blue Mountain of Jamaica (Walker, 2009).
In 1948 the coffee industry board of Jamaica was
formed to oversee the production of coffee within
industry. The Goal of this board are to develop the
coffee industry, promote the welfare of Industry
workers and make recommendations to the
government.
In 1948, the Government of Jamaica formed
the Coffee Industry Council which was tasked with
supervising the coffee plant production business,
the Coffee Industry Council was assigned to be
actively involved in distributing coffee plants from
the start of the nursery, registration and supervision
of agricultural lands, empowering farmers in
processing coffee plants as well as licensing
arrangements and merchants. The government also
carried out physical supervision of coffee
agricultural products to be sold overseas through
coffee residue testing, coffee quality test quality
certification for coffee packaging management. The
Law Reform
Volume 15, Nomor 1, Tahun 2019
coffee business development program is funded by
the Government through income from the tax
sector. Currently there are 7600 coffee farmers with
92% of them working on five acres of land or less
(Walker, 2009). A one pund bag of roasted
jamaican Blue Mountain is selling arround for about
$50 per pound (Tomothy, 2007).
Under the Geographical Protection Act of the
Jamaica Blue Mountain Coffee product, it was
recognized as one of the geographical indication
assets in 2004. At present, Jamaica Blue Mountain
Coffee Products are registered (marks and
trademarks) in 61 countries in the world. The
license to use the geographical indications for these
products is increasingly difficult to obtain throughout
the world, due to the high registration and coercion
costs. This sign is one example of best practice
from a country in developing important commodities
into a product that is successful in the market.
The protection and development model of GI
products in Jamaica received contrasting responses
from Ethiopia. Ethiopia argues that the conditions
experienced by its country allow for the application
of GI protection methods. The quantity of farmers
and the potential of products in Ethiopia is far more
manageable. Lower profits for farmers will result
from increased administrative costs. Although it has
the potential to raise costs, it should be noted that
the area of land used by producers in Jamaica is
smaller. The implementation of GI protection
systems in Jamaica on the one hand will spend
more time, but the increase in costs can be
80
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
overcome by rising prices provided through licenses
or trademarks.
2) The Starbucks Case inEthiopia
Coffee is a leading commodity in Ethiopia. it
produces about 5% of world production and more
than 30% of Sub- Saharan Africa. More than one
million small-scale producers generate 9% of output
and more than 10 million Ethiopians are part of
direct or indirect coffee production (Basti, &
Matteucci, 2007) . Ethiopia began registration of
international trademark registration in 2004. Coffee
trademarks were submitted for registration between
Yirgacheffe, Sidamo and Harrar. This coffee edition
trademark has been announced in 28 countries
around the world. The reason for the Ethiopian
Government was to create local coffee selling value
by differentiating prices from the prices determined
by the highly volatile New York trade exchange.
This step is expected to be able to bring economic
benefits to farmers and local distributors.
The strategy was implemented in the form of
a single fee royalty-free license. But the purpose of
this policy has not yet materialized even though
high retail prices on branded coffee already exist.
Coffee farmers receive as low as 2% for export
prices which is barely enough to cover costs, and
as a result some coffee farmers withdraw their
crops to sell narcotics for greater profits (Basti, &
Matteucci, 2007) . In 2007, it was reported that
Ethiopian specialty coffee such as the Sidamo
brand was valued at around $ 26 dollars per pound
Law Reform
Volume 15, Nomor 1, Tahun 2019
(162 oz) at Starbucks because of their reputation,
while Ethiopian coffee farmers received around $
1.35 per pound for seeds (Garamfalvi, 2007).
Currently Ethiopia Sidamo Coffee sells for $ 15 per
oz on the Starbuck website.Forcomparison,$17.34
will buy three packs of 8oz Brand Coffee folgers
jars.
The EIPO (Ethiopian Intellectual Property
Right) released a list of trademarks and initiated the
initial steps of applying for licenses for the use of
the Ethiopian coffee trademark in 2004. The
Ethiopian government initiative received financial
support from the UK Department of International
Development. So it was noted that more than 60
foreign companies have signed licensing
agreements with Ethiopia. The following year, the
Ethiopia Government submitted a request for
registration of the Yirgacheffe and Harar Coffe
trademark to the United States Patent and
Trademark Office (USPTO). But at the same time,
Starbucks has applied for a trademark registration
in the name of "ShirkinaSun-Dried Sidamo".
Starbucks also insisted on refusing to withdraw its
registration. Responding to this, the Ethiopian
Government appealed to the United States Patent
and Trademark Office (USPTO) for alleged
violations of the use of trademarks in the common
law right, eventually starbuck revoked his
application but starbuck still insisted on using the
brand want to be registered by the Ethiopian
Government
Oxfam America conducted a public campaign
81
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
on the actions of starbuck who misused the
Ethiopian trademark. The impact was that
Starbucks was the topic of discussion on worldwide
news coverage of the trademark infringement issue
of the Ethiopia’ GI. Eventually due to the huge wave
of pressure from the international community
Starbucks signed a licensing agreement with
Ethiopia. Ethiopia has won IP rights over its special
Geographical indication in 2007 (Garamfalvi, 2007).
Imposition sanction for stopping production of
starbucks have the potential to cause investment
and profit losses. As of consequences Ethiopia
does not ask for royalties on the license and only
charges a fixed fee to Starbucks.
b. The Ideal IG’s as Protections Tool of
Traditional Knowledge
The model of GI regulation at the national
level that is applied to each country consists of two
types, namely:
First, the GI regulation model that integrates
a regulation with a trademark. Countries that
regulate GIs with Trademarks into the same law,
Ways of legal protection against GIs are carried out
by collective or certification licenses. The Country
that apply trademark system in protecting GI just
use the resources which already have been using
for trademark system for application, registration,
opposition, adjudication, cancellation and
enforcement. Then the system accommodates GI
that are not just place names, but also sign, like
words, slogans, designs, dimensional marks, colors
Law Reform
Volume 15, Nomor 1, Tahun 2019
or even sounds and scents (Geographical
Indication and TRIPS : 10 years Later, ,2007).
Second, GI regulation through the Sui
Generis system which indirectly results in logical
consequences for GI protection by special methods
and mechanisms that are separate from the
arrangements for protection of other types of IPR.
Countries that implement the Sui Generis system
that provides GI registration services, the producers
have no difficulty in protecting their GI products.
This system has been widely used by many
countries to protect GI wealth for centuries.
The Regulation of protection toward GI is
applying in Indonesia, The Law. No.20 of 2016
concerning Trademarks and GIs adheres to a
regulatory system integrated with trademarks.
Integration of regulations between brands and GIs
on the one hand has not had a positive impact on
the provision of GI protection. The legal protection
provided is only temporary does not provide long-
term protection. It would be better to arrange GI
protection to be accommodated into a special
regulation that is specific (sui generis). The reason
the authors recommend that the regulation of GIs
on traditional knowledge includes: (1) GI is a
special form of IPR that serves as a tool to give
protection to traditional knowledge assets which are
important assets in the economic development of a
country. Sui generis arrangements can potentially
produce an effective impact on the protection of
traditional knowledge up to the realm of its
postulates; (2) Legal Protection of GIs stipulated in
82
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
the Act. No.20 of 2016 is not suitable to be applied
in providing guarantees against traditional
knowledge from potential misuse of foreign parties.
Other IPR models are very suitable and effective in
safeguarding their economic rights, but as we know
GIs have their own characteristics that are holistic
(including spiritual aspects and reflection of the
identity and integrity of the community).
This article view, the Indonesian Government
should be able to consider the GI regulation options
in a generic manner. The values of collectivity,
pluralism and communalism that exist in Indonesian
society are very not in accordance with the
individualistic concept in the current reguals. So
that the application of an integrated GI legal system
can be a problem in its implementation.
D. CONCLUSION
GI has its own differences with other forms of
IPR in a system of wealth protection against
traditional knowledge. The communalistic GI
philosophy that lives in the local communities
around the IG is considered capable of
guaranteeing the protection of economic rights
(exclusive rights) for producers of traditional
knowledge products that describe the identity of the
local community. Indirectly it can be said to be able
to protect cultural heritage and traditional
knowledge that is owned by the community.
The urgency of the separation of GI (Sui
Generis) arrangements in national law. This is
because the characteristics of protection provided
Law Reform Program Studi Magister Ilmu Hukum
Volume 15, Nomor 1, Tahun 2019 Fakultas Hukum Universitas Diponegoro

in Law No. 20 of 2016 have differences with Challenge and Opportunities, Vol.9, (No.39),
traditional knowledge, so that they have not fully p.265
guaranteed comprehensive protection. In addition, Hananto, Pulung W H. (2014) . Geographical
the establishment of strong technical regulations Indication as a Tool to Protect Indonesian
and mechanisms is also needed to be able to work Herritage: Lesson From Bali Kintamani
together in safeguarding the interests of the rights Arabic Coffee Case. Journal Of Intellectual
of the people who produce GI products. Property Law And Practice. National
University of Malaysia ; p.4.
REFERENCES Kishore, K. (2018). Geographical Indications in
BOOK Horticulture: An Indian Perspective.
Ayu, Miranda R. (2006). Memperbincangkan Hak International Journal of Intellectual Property
Kekayaan Intelektual Indikasi Geografis. Rights, Vol. 23, (July-September), p.159-166.
Bandung: PT ALUMNI. Mawardi, S. (2009). Establishment of Geographical
Belleti, Giovani et.al. (2011). The Effect of Indication Protection System in Indonesia,
Protecting Geographical Indicatios: Ways case in Cofee, World wide Symposium on
and Means of Their Evaluation. Berne: Swiss Geographical Indications, the World
Federal Institute of Intellectual Property. Intellectual Property Organization, Sofia,
Riswandi , Budi Agus., & Syamsudin, M. (2004). June .p.4
Hak Kekayaan Intelektual dan Budaya Purwaningsih, E. ( 2014). Disclosure of Origin pada
Hukum. Jakarta: PT. Raja Grafindo Persada. Pengakuan dan Publikasi Tradisional
Rotstein, F. (2009). Sidamo:a Teaching Case for Knowledge dalam Upaya Perlindungan
WIPO. Australia: Melbourne Law School. Hukum. Jurnal Hukum Ius Qius Iustum, Vol.
Sudaryat et al. (2010). Hak Kekayaan Intelektual. 21, (no.2), p. 272 – 292.
Oase Media : Bandung. Rohani. (2015). The Law Protection of Traditional
Tanya , Bernard L., Simanjutak, Yoan N., & Hage, Knowledge throught Sui Generis Law. Fiat
Markus Y. (2010). Teori Hukum Strategi Justisia Jurnal Ilmu Hukum, Vol.9, (No. 4), p.
Tertib Manusia Lintas Ruang dan Generasi. 428-449.
Yogyakarta :Genta Publishing. Rustiala, Kal., & Munzer, Stephen R. (2007).The
Global Struggle Over Geographical
JOURNAL & WORKING PAPER Indication. The European Journal of
Bastin, Anne., & Matteucci, Nicola. (2007). Finacing International Law, Vol. 18, (No. 2), p.9 .
Coffee Farmers in Jimma Zone. Ethiopia: Sudjana. (2018). Implikasi Perlindungan Indikasi

83
Law Reform
Volume 15, Nomor 1, Tahun 2019
Geographis Menurut Undang Undang Nomor
20 Tahun 2018 Terhadap Ekonomi Lokal.
Jurnal Veritas Et Justisia, Vol. 4, (No.1), p.
30-58.
Walker, L. (2009). Jamaica Blue Mountain: Quality
and Geographical Origin, Presentation at the
Workshop on the Challenge Relating to Gis
for ACP Countries, 20. March, 24- 27, 2009.
p.21.
Tomothy J. Castle., & Joel Star. (2007). Ethiopia’s
Branding Battle, tea and Coffee. Trade J.
April, p.27
Yessiningrum, Winda R. (2015). Perlindungan
Hukum Indikasi Geografis sebagai Bagian
dari Hak Kekayaan Intelektual. Jurnal IUS
Kajian Hukum dan Keadilan, Vol.III, (No.7),
p.44.
Frankel, S. (2011). The mismatch of geographical
indications and innovative traditional
knowledge. Jornal of Promotheus Critical
Studies in Innovation, Vol, 29, (No.3), p.1-21.
Roisah, K. (2013). Membangun Prinsip-Prinsip
Perlindungan Hukum Kekayaan Intelektual
Berbasis Kearifan Lokal (Studi Perlindungan
Hukum terhadap Ekspresi Budaya
Tradisional Indonesia. Disertasi Program
Doktor Ilmu Hukum Universitas Diponegoro.
INTERNET
Garamfalvi, A.(2007).Ethiopian Coffee Trademark
Dispute with the Starbucks Runs Hot and
Cold. Retrieved from https://www.law.com/
84
Program Studi Magister Ilmu Hukum
Fakultas Hukum Universitas Diponegoro
almID/900005475658/?slreturn=2019032711
5727)
Geographical Indication and TRIPS: 10 yearsLater.
Retrievedfromhttp://trade.ec.europa.eu/doclib
/docs/2007/june/tradeoc_135088.pdf
,accesed on February 28 201
Escudero, S. (2019). International Protection of
Geographical Indication and Developing
Countries.Retrievedfromhttp://www.southcent
re.org, accesed on Februari 14 2019 .
REGULATION
The Law No.20 of 2016 concerning Trademark and
Geographical Indication; Governance
Ordinance No. 51 of 2007.
Lisbon Agreement 1958 for the protection of
Appellations of Origin and their International
Registration.
Madrid Agreement 1891 for The Repression of
False or Misleading Indications of Source
Goods.
Paris Convention 1883 For Protection Industrial
Property.